B.Tamilarasi, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.15029 of 2013 & M.P.No.1 of 2013 B.Tamilarasi ... Petitioner vs

1. The Inspector of Police, M-1, Madhavaram Police Station, Chennai - 600 010.

2. Arumugam @ Arumugasami.

3. A.Rajendran

...Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the 1st respondent from in any manner interfering or disturbing the petitioners peaceful possession occupation and running of the business under the name and style Annai Xerox at premises bearing Door No.9 Annai Complex Basement Floor Shastri Nagar Kolathur Chennai-99 except by due process of law For Petitioner :

Mr.T.S.Rajamohan For Respondent-1 : Mr.V.Shanmugasundar Special Government Pleader For Respondent-2 :

Ms.S.Mythreye Cherelru For Respondent-3 : Dismissed-Vide Court order dated 03.06.2015

ORDER

This writ petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.

2. The Writ Petition is filed seeking a mandamus, forbearing the first respondent, who is the Inspector of Police, Madhavaram Police Station, Chennai from in any manner interfering or disturbing the petitioner's peaceful possession of the shop Annai Xerox at premises bearing Door No.9, Annai Complex, Basement Floor, Shastri Nagar, Kolathur Chennai-99 except by due process of law.

https://hcservices.ecourts.gov.in/hcservices/

3.

Admittedly, there was an interim injunction granted by this Court as prayed for i.e. not to evict the petitioner excepting by due process of law.

4.

The second respondent, who is the landlord of the above said premises, had filed R.C.O.P.No.1345 of 2013 on the file of the XI Small Causes Court, Chennai and obtained an order of eviction on 18.06.2014, followed by E.P.No.56 of 2016.

5. It is further stated by the learned counsel for the second respondent that on 01.09.2016, possession was taken from the petitioner by breaking open the seal.

6.

The learned counsel for the petitioner also accepts that possession was taken over by the second respondent. 7.

In view of the subsequent development in the case, the Writ Petition has become infructuous and the same is, dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar asr/srn To The Inspector of Police, M-1, Madhavaram Police Station, Chennai - 600 010.

+1 cc to M/s.K.Chandran, Advocate Sr.No. 30178 W.P.No.15029 of 2013 & M.P.No.1 of 2013 RSK(CO) RMP(16/10/2020) https://hcservices.ecourts.gov.in/hcservices/